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I dealt with the SAME EXACT garbage last year! The standby rules are different from regular UI rules and ESD does a terrible job explaining the transition. My claim got denied for two weeks and I had to appeal and wait THREE MONTHS to get my money back. This system is designed to make people fail, I swear. Just be super careful about documenting EVERYTHING from now on.
I'm sorry you had to go through all that! I feel lucky they gave me the waiver. I've already started keeping a detailed job search log in a spreadsheet so I can track everything carefully.
For those following this thread: here's what counts as a job search activity for part-time workers still receiving benefits: 1. Applying for a job 2. Attending a job fair 3. Creating a profile on a professional job-matching site 4. Taking a civil service exam 5. Participating in WorkSource workshops 6. Interviewing with potential employers Remember that WorkSource now offers virtual workshops that count toward your activities. This can be easier to fit around a part-time work schedule.
the worksource workshops are actually helpful sometimes. i did the resume one and it helped me get a better job than my part time gig.
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Just to clarify my earlier response - yes, if it's PAID leave, he needs to report both the hours and the pay. The system is designed to track both how much money you receive and how many hours you were compensated for. One other thing to be aware of: if his final paycheck includes the FMLA pay, he'll need to report that on his weekly claim for the week in which he receives it (not when it was earned). ESD cares about when money is received, not when it was earned.
Thanks for the clarification! That makes sense. And good point about when the money is actually received vs. earned - I'll make sure he understands that too. This system really isn't intuitive at all.
i think everyones overcomplicating this lol. just be honest on ur claims and youll be fine! report any money u get, skip reporting for weeks ur fully employed (or fully on paid leave) and resume reporting when ur not getting any other money. ESD isnt trying to trick u, just be straightforward
DO NOT skip filing weekly claims! That's incorrect advice that could cause major problems. Even if you receive $0 in benefits for a week due to other income, you must still file your weekly claim to keep your claim active. If you skip filing, your claim may be closed and you'd have to reapply.
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have u checked ur correspondence folder in eservices? sometimes they send questions or need more info but dont email u about it
Just checked - nothing new there. Just the notice about my hearing date from last month. No updates since the actual hearing.
Update us when you get paid! I'm curious how long it'll end up taking in your case. It really seems to vary person to person.
Will do! I'm going to try calling that Benefits Accuracy Unit number tomorrow, and if that doesn't work, maybe try that Claimyr service someone mentioned. I'll post what happens!
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Former ESD appeal attorney here. The deadline to appeal is critical - file it even if you're still gathering evidence. You can always withdraw if needed. For your specific situation (alleged unauthorized data access), you'll need to prove: 1. You were authorized to access the systems in question 2. You used them for legitimate work purposes 3. You didn't violate any clearly communicated policies The legal standard for misconduct in Washington requires that your actions were: - Willful or wanton - Deliberately violating employer interests - Showing substantial disregard for your employment obligations If this was simply a misunderstanding about what systems you were allowed to use, that typically doesn't rise to misconduct level. Make sure you emphasize your 4-year positive work history and perfect performance reviews. As for legal representation, the Unemployment Law Project is excellent and offers sliding scale fees. Call them at 206-441-9178 or visit unemploymentlawproject.org.
wow u seem like u really know ur stuff! do u still work with unemployment cases? my sister is about to have a hearing next month and could use some advice
I now work in private practice but still handle some unemployment cases. I'd recommend your sister also contact the Unemployment Law Project for a free initial consultation. They can assess her case and provide guidance even if she decides to represent herself.
One thing that really helped me win my appeal was printing out the actual RCW (state law) definition of misconduct and bringing it to my hearing. It's RCW 50.04.294 if you want to look it up. The legal definition is much narrower than what most employers think. Most importantly, if this was just a misunderstanding about which systems you were authorized to use, that's likely NOT misconduct under the law. Misconduct requires you to deliberately disregard your employer's interests. Bring any training materials or emails showing you were given access to these systems. If you have performance reviews showing you were a good employee, bring those too - they help show you wouldn't deliberately violate policy. Oh, and if you decide to get an attorney, many will do a free consultation to evaluate your case. Some work on contingency (only get paid if you win).
This is incredibly helpful! I just looked up RCW 50.04.294 and you're right - it's much more specific than I thought. It says misconduct doesn't include "inadvertence or ordinary negligence in isolated instances" or "good faith errors in judgment" - which is exactly what happened in my case if anything. I'll definitely print this out for my hearing.
Javier Torres
ugh the food industry is THE WORST for this kinda thing!! i worked at three different restaurants and they ALL pulled this stuff. pretty sure its illegal to not give breaks during 10 hour shifts but good luck proving it without documentation. the whole system is rigged against workers!!
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Oliver Zimmermann
•You're right that Washington law requires a 30-minute meal break if working more than 5 hours, plus a 10-minute rest break for every 4 hours worked. Definitely illegal to not provide these breaks.
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Amina Toure
Quick update for anyone else facing a similar situation. I filed my claim yesterday focusing on the hours discrepancy and mentioning that I tried to resolve the issue with management before quitting. My status now shows "adjudication in progress" so I'm preparing all the details I can remember about the job description from my interview. I'll keep this thread updated with how it goes. Thanks everyone for the advice!
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Emma Davis
•Smart approach. Keep filing your weekly claims while in adjudication and prepare notes for yourself with specific details about what was promised versus what actually happened. Dates, names, and specifics will help your case if you get an adjudication interview.
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